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The City shall notify the MSRB, in an electronic format as prescribed by the MSRB, in a <br /> timely manner, of any failure by the City to provide financial information or operating data in <br /> accordance with subsection (a) of this Section by the time required by such subsection. All <br /> documents provided to the MSRB pursuant to this Section shall be accompanied by identifying <br /> information as prescribed by the MSRB. <br /> (c) Limitations, Disclaimers,and Amendments. The City shall be obligated to observe <br /> and perform the covenants specified in this Section for so long as, but only for so long as, the City <br /> remains an"obligated person"with respect to the Bonds within the meaning of the Rule,except that <br /> the City in any event will give notice of any deposit made in accordance with Section 8 of this <br /> Ordinance that causes the Bonds no longer to be outstanding. <br /> The provisions of this Section are for the sole benefit of the holders and beneficial owners of <br /> the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or <br /> equitable right,remedy,or claim hereunder to any other person. The City undertakes to provide only <br /> the financial information, operating data, financial statements, and notices which it has expressly <br /> agreed to provide pursuant to this Section and does not hereby undertake to provide any other <br /> information that may be relevant or material to a complete presentation of the City's financial results, <br /> condition,or prospects or hereby undertake to update any information provided in accordance with <br /> this Section or otherwise, except as expressly provided herein. The City does not make any <br /> representation or warranty concerning such information or its usefulness to a decision to invest in or <br /> sell Bonds at any future date. <br /> UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR <br /> BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT <br /> OR TORT,FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY <br /> THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY <br /> COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY <br /> SUCH PERSON,IN CONTRACT OR TORT,FOR OR ON ACCOUNT OF ANY SUCH BREACH <br /> SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. <br /> No default by the City in observing or performing its obligations under this Section shall <br /> comprise a breach of or default under this Ordinance for purposes of any other provision of this <br /> Ordinance. <br /> Should the Rule be amended to obligate the City to make filings with or provide notices to <br /> entities other than the MSRB,the City hereby agrees to undertake such obligation with respect to the <br /> Bonds in accordance with the Rule as amended. <br /> Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the <br /> duties of the City under federal and state securities laws. <br /> The provisions of this Section may be amended by the City from time to time to adapt to <br /> changed circumstances that arise from a change in legal requirements,a change in law,or a change <br /> in the identity, nature, status, or type of operations of the City, but only if 1 the provisions of this <br /> 28 <br /> SanMartas.GOB2018.ONinanceGO <br />